By Lucio                                               S.B. No. 978
         77R8099 SMJ-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the salary and retirement benefits of certain retirees
 1-3     of the Teacher Retirement System of Texas who are employed as
 1-4     classroom teachers.
 1-6           SECTION 1. Section 824.602(a), Government Code, is amended to
 1-7     read as follows:
 1-8           (a)  Subject to Section 825.506, the retirement system may
 1-9     not, under Section 824.601, withhold a monthly benefit payment if
1-10     the retiree is employed in a Texas public educational institution:
1-11                 (1)  as a substitute only with pay not more than the
1-12     daily rate of substitute pay established by the employer and, if
1-13     the retiree is a disability retiree, the employment has not
1-14     exceeded a total of 90 days in the school year;
1-15                 (2)  in a position, other than as a substitute, on no
1-16     more than a one-half time basis for the month;
1-17                 (3)  in one or more positions on as much as a full-time
1-18     basis, if the work occurs in not more than six months of a school
1-19     year that begins after the retiree's effective date of retirement;
1-20                 (4)  in a position, other than as a substitute, on no
1-21     more than a one-half time basis for no more than 90 days in the
1-22     school year, if the retiree is a disability retiree; or
1-23                 (5)  in a position as a classroom teacher on as much as
1-24     a full-time basis, if the retiree has retired under Section
 2-1     824.202(a) without reduction for retirement at an early age, is
 2-2     certified under Subchapter B, Chapter 21, Education Code, to teach
 2-3     the subjects assigned, and is teaching in an acute shortage area as
 2-4     defined by the commissioner of education[, and has been separated
 2-5     from service with all public schools for at least 12 months].
 2-6           SECTION 2. Section 21.402, Education Code, is amended by
 2-7     amending Subsection (a) and adding Subsections (i) and (j) to read
 2-8     as follows:
 2-9           (a)  Except as provided by Subsection (d), (e), [or] (f), or
2-10     (i), a school district must pay each classroom teacher, full-time
2-11     librarian, full-time counselor certified under Subchapter B, or
2-12     full-time school nurse not less than the minimum monthly salary,
2-13     based on the employee's level of experience, determined by the
2-14     following formula:
2-15                                MS = SF X FS
2-16     where:
2-17     "MS" is the minimum monthly salary;
2-18     "SF" is the applicable salary factor specified by Subsection (c);
2-19     and
2-20     "FS" is the amount, as determined by the commissioner under
2-21     Subsection (b), of state and local funds per weighted student
2-22     available to a district eligible to receive state assistance under
2-23     Section 42.302 with an enrichment tax rate, as defined by Section
2-24     42.302, equal to the maximum rate authorized under Section 42.303.
2-25           (i)  Except as provided by Subsection (j), this section does
2-26     not apply to a classroom teacher who:
2-27                 (1)  is a retiree of the Teacher Retirement System of
 3-1     Texas; and
 3-2                 (2)  qualifies under Section 824.602(a)(5), Government
 3-3     Code, to receive retirement benefits during that employment.
 3-4           (j)  A school district must pay to each classroom teacher
 3-5     described by Subsection (i) an amount that, when added to the
 3-6     teacher's monthly retirement benefit, is at least equal to the
 3-7     minimum monthly salary otherwise required by this section.
 3-8           SECTION 3.  This Act applies beginning with the 2001-2002
 3-9     school year.
3-10           SECTION 4.  This Act takes effect immediately if it receives
3-11     a vote of two-thirds of all the members elected to each house, as
3-12     provided by Section 39, Article III, Texas Constitution.  If this
3-13     Act does not receive the vote necessary for immediate effect, this
3-14     Act takes effect September 1, 2001.